Text: H.R.4572 — 113th Congress (2013-2014)All Bill Information (Except Text)

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Referred in Senate (07/29/2014)


113th CONGRESS
2d Session
H. R. 4572

IN THE SENATE OF THE UNITED STATES
July 23, 2014

Received

July 29, 2014

Read twice and referred to the Committee on Commerce, Science, and Transportation


AN ACT

To amend the Communications Act of 1934 and title 17, United States Code, to extend expiring provisions relating to the retransmission of signals of television broadcast stations, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title; table of contents.

(a) Short title.—This Act may be cited as the “STELA Reauthorization Act of 2014”.

(b) Table of contents.—The table of contents for this Act is as follows:


Sec. 1. Short title; table of contents.

Sec. 2. No additional appropriations authorized.

Sec. 101. Extension of authority.

Sec. 102. Retransmission consent negotiations.

Sec. 103. Delayed application of JSA attribution rule in case of waiver petition.

Sec. 104. Deletion or repositioning of stations during certain periods.

Sec. 105. Repeal of integration ban.

Sec. 106. Report on communications implications of statutory licensing modifications.

Sec. 107. Local network channel broadcast reports.

Sec. 108. Report on designated market areas.

Sec. 109. Definitions.

Sec. 201. Reauthorization.

Sec. 202. Termination of license.

SEC. 2. No additional appropriations authorized.

No additional funds are authorized to carry out this Act, or the amendments made by this Act. This Act, and the amendments made by this Act, shall be carried out using amounts otherwise authorized or appropriated.

SEC. 101. Extension of authority.

Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) is amended—

(1) in paragraph (2)(C), by striking “December 31, 2014” and inserting “December 31, 2019”; and

(2) in paragraph (3)(C), by striking “January 1, 2015” each place it appears and inserting “January 1, 2020”.

SEC. 102. Retransmission consent negotiations.

(a) In general.—Section 325(b)(3)(C) of the Communications Act of 1934 (47 U.S.C. 325(b)(3)(C)) is amended—

(1) in clause (ii), by striking “and” at the end;

(2) in clause (iii), by striking the period at the end and inserting “; and”; and

(3) by adding at the end the following:

“(iv) prohibit a television broadcast station from coordinating negotiations or negotiating on a joint basis with another television broadcast station in the same local market (as defined in section 122(j) of title 17, United States Code) to grant retransmission consent under this section to a multichannel video programming distributor, unless such stations are directly or indirectly under common de jure control permitted under the regulations of the Commission.”.

(b) Margin correction.—Section 325(b)(3)(C) of the Communications Act of 1934 (47 U.S.C. 325(b)(3)(C)) is further amended by moving the margin of clause (iii) 4 ems to the left.

(c) Deadline for regulations.—Not later than 9 months after the date of the enactment of this Act, the Commission shall promulgate regulations to implement the amendments made by this section.

SEC. 103. Delayed application of JSA attribution rule in case of waiver petition.

In the case of a party to a joint sales agreement (as defined in Note 2(k) to section 73.3555 of title 47, Code of Federal Regulations) that is in effect on the effective date of the amendment to Note 2(k)(2) to such section made by the Further Notice of Proposed Rulemaking and Report and Order adopted by the Commission on March 31, 2014 (FCC 14–28), and who, not later than 90 days after the date of the enactment of this Act, submits to the Commission a petition for a waiver of the application to such agreement of the rule in such Note 2(k)(2) (as so amended), such party shall not be considered to be in violation of the ownership limitations of such section by reason of the application of such rule to such agreement until the later of—

(1) the date that is 18 months after the date on which the Commission denies such petition; or

(2) December 31, 2016.

SEC. 104. Deletion or repositioning of stations during certain periods.

(a) In general.—Section 614(b)(9) of the Communications Act of 1934 (47 U.S.C. 534(b)(9)) is amended by striking the second sentence.

(b) Revision of rules.—Not later than 90 days after the date of the enactment of this Act, the Commission shall revise section 76.1601 of its rules (47 CFR 76.1601) and any note to such section by removing the prohibition against deletion or repositioning of a local commercial television station during a period in which major television ratings services measure the size of audiences of local television stations.

SEC. 105. Repeal of integration ban.

(a) No force or effect.—The second sentence of section 76.1204(a)(1) of title 47, Code of Federal Regulations, shall have no force or effect after the date of the enactment of this Act.

(b) Removal from rules.—Not later than 180 days after the date of the enactment of this Act, the Commission shall complete all actions necessary to remove the sentence described in subsection (a) from its rules.

SEC. 106. Report on communications implications of statutory licensing modifications.

(a) Study.—The Comptroller General of the United States shall conduct a study that analyzes and evaluates the changes to the carriage requirements currently imposed on multichannel video programming distributors under the Communications Act of 1934 (47 U.S.C. 151 et seq.) and the regulations promulgated by the Commission that would be required or beneficial to consumers, and such other matters as the Comptroller General considers appropriate, if Congress implemented a phase-out of the current statutory licensing requirements set forth under sections 111, 119, and 122 of title 17, United States Code. Among other things, the study shall consider the impact such a phase-out and related changes to carriage requirements would have on consumer prices and access to programming.

(b) Report.—Not later than 18 months after the date of the enactment of this Act, the Comptroller General shall submit to the appropriate congressional committees a report on the results of the study conducted under subsection (a), including any recommendations for legislative or administrative actions. Such report shall also include a discussion of any differences between such results and the results of the study conducted under section 303 of the Satellite Television Extension and Localism Act of 2010 (124 Stat. 1255).

SEC. 107. Local network channel broadcast reports.

(a) Requirement.—

(1) IN GENERAL.—On the 270th day after the date of the enactment of this Act, and on each succeeding anniversary of such 270th day, each satellite carrier shall submit an annual report to the Commission setting forth—

(A) each local market in which it—

(i) retransmits signals of 1 or more television broadcast stations with a community of license in that market;

(ii) has commenced providing such signals in the preceding 1-year period; and

(iii) has ceased to provide such signals in the preceding 1-year period; and

(B) detailed information regarding the use and potential use of satellite capacity for the retransmission of local signals in each local market.

(2) TERMINATION.—The requirement under paragraph (1) shall cease after each satellite carrier has submitted 5 reports under such paragraph.

(b) Definitions.—In this section—

(1) the terms “local market” and “satellite carrier” have the meaning given such terms in section 339(d) of the Communications Act of 1934 (47 U.S.C. 339(d)); and

(2) the term “television broadcast station” has the meaning given such term in section 325(b)(7) of the Communications Act of 1934 (47 U.S.C. 325(b)(7)).

SEC. 108. Report on designated market areas.

Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to the appropriate congressional committees a report containing an analysis of—

(1) the extent to which consumers in each local market (as defined in section 122(j) of title 17, United States Code) have access to broadcast programming from television broadcast stations (as defined in section 325(b)(7) of the Communications Act of 1934 (47 U.S.C. 325(b)(7))) located outside their local market, including through carriage by cable operators and satellite carriers of signals that are significantly viewed (within the meaning of section 340 of such Act (47 U.S.C. 340)); and

(2) whether there are technologically and economically feasible alternatives to the use of designated market areas (as defined in section 122(j) of title 17, United States Code) to define markets that would provide consumers with more programming options and the potential impact such alternatives could have on localism and on broadcast television locally, regionally, and nationally.

SEC. 109. Definitions.

In this title:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means the Committee on Energy and Commerce and the Committee on the Judiciary of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on the Judiciary of the Senate.

(2) COMMISSION.—The term “Commission” means the Federal Communications Commission.

SEC. 201. Reauthorization.

Chapter 1 of title 17, United States Code, is amended—

(1) in section 111(d)(3)—

(A) in the matter preceding subparagraph (A), by striking “clause” and inserting “paragraph”; and

(B) in subparagraph (B), by striking “clause” and inserting “paragraph”; and

(2) in section 119—

(A) in subsection (c)(1)(E), by striking “2014” and inserting “2019”; and

(B) in subsection (e), by striking “2014” and inserting “2019”.

SEC. 202. Termination of license.

(a) In general.—Section 119 of title 17, United States Code, as amended in section 201, is amended by adding at the end the following:

“(h) Termination of license.—This section shall cease to be effective on December 31, 2019.”.

(b) Conforming amendment.—Section 107(a) of the Satellite Television Extension and Localism Act of 2010 (17 U.S.C. 119 note) is repealed.

Passed the House of Representatives July 22, 2014.

Attest: karen l. haas,   
Clerk